NJ Family Law Common Terms Defined

IV-D Court – Court which provides services pursuant to Title IV-D of the federal Social Security Act, usually to establish or enforce child support.

Affidavit - a written statement made under oath or sworn before a notary.

Arrearage - the amount owed for back child support or alimony, oftentimes referred to as arrears.

Best interests of the child - in child custody or relocation proceedings, Courts use this doctrine to make decisions concerning custody of the child, visitation rights, and/or whether to permit the relocation.  In New Jersey, a list of factors is used to help make the determination.   

Child support guidelines – guidelines the Court follows when awarding child support.

Citation – an order to appear in Court and show cause for violating an order of the Court. In family law, this is generally issued when a non-custodial parent has stopped paying child support.

Common law marriage – a type of marriage in which the parties become legally marriage after a certain period of time of living together as husband and wife, representing themselves as a married couple, and intending to be married. New Jersey does not recognize common law marriages that were not valid on or before November 30, 1939.

Dissolution - the legal end of a marriage or civil union.

Emancipation – releasing a minor or adult child from the custody, care, and control of his or her parents. In family law, the non-custodial parent generally petitions the Court for emancipation, usually to terminate his or her child support obligation, once the child is capable of being self- supporting.

Equitable Distribution - Distribution of the marital debts and assets during a divorce. Equitable distribution is presumed to be an equal division unless there is legal justification for an unequal distribution.

Foreign Support Order – a child support order issued by a Court of another state.

Guardian – a person is legally charged with the custody and care of an incapacitated adult or a minor child.

Guardian ad litem – a person appointed by the Court to act on behalf of a child and represent his or her interests in a custody case.

Legal custody – the right of a parent to make major decisions for their child, such as those concerning schooling, health care, and religious activities.

Marital property – property the Court determines to be owned jointly by the parties, regardless of how it is titled.

Obligee - a person to whom money, such as child support or alimony, is owed.

Obligor - a person who is ordered by the court to pay money, such as child support or alimony.

Petition - a written request to the court for legal action, which begins a court case.

 Physical custody – the right of a parent to have a child living in their home. The parent who has physical custody is generally referred to as the custodial parent, and the parent who does not have custody, as the non-custodial parent.

Qualified Domestic Relations Order (QDRO) – an order of the Court that provides instructions to a retirement plan’s administrator on paying a former spouse his or her awarded portion of the plan.

  

Sources:

N.J. Stat. § 37:1-10

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